Once again, Brother Lugna was on his feet.
‘In Rome it is considered that the execution of the offender is the only just punishment. Among many members of our Faith beyond the seas, this punishment is supported because this is the justice that Faith proclaims. Is it not written in the ancient texts that life for life, eye for eye, tooth for tooth shall be the punishment? Even if death is caused by negligence, death must be returned as retribution.’
Brehon Aillín had reached for his staff of office, anger on his brow, but Fidelma held up her hand.
‘I will respond, with your permission. Let us make allowance for the fact that Brother Lugna has been so long in Rome that he has forgotten how our courts of law are conducted. We do not believe that the teaching that you have cited is compatible with the Faith, for did not Christ tell us to ignore it? Perhaps, Brehon Aillín, you would allow Brother Eadulf, who has also studied in Rome, to remind us of Christ’s teaching?’
At a nod from the Brehon, Eadulf rose. ‘It is to be found in the Gospel according to Matthew: audistis quia dictum est oculum pro oculo et dentem pro dente … ego autem dico vobis non resistere malo sed si te percusserit in dextera maxilla tua praebe illi et alteram.’
‘You have heard that it has been said, an eye for an eye, and a tooth for a tooth. But I say to you …’ She stopped translating. ‘I am sure that Brother Lugna knows the passage, as do we all. I rejoice that we live under more enlightened laws,though some would have us adopt the Penitentials of Rome where we must cut off the hand that steals, blind the eye that is covetous, kill the person who is responsible for the death of another directly or indirectly.’
Brother Lugna was looking outraged. He exchanged a glance with the grim-faced Lady Eithne.
‘The basis of our law,’ went on Fidelma, unperturbed, ‘is that we allow someone who has transgressed to atone for his crime, even if they have caused the death of another. Moreover, our law says that as well as being given the opportunity for rehabilitation in our society, compensation must be given to the victim or the relatives of the victim. What use is the dead body of the killer to a wife left without a husband, a child left without a mother or a father? Vengeance has but momentary satisfaction. Only in extreme circumstances, where a killer is shown to be incorrigible, unrepentant and unwilling to provide the compensation and pay the fines required by law, do we say they should be placed in the arms of fate, that they should be cast adrift in a boat without sail or oar and with food or water for one day. Their fate is left up to the winds and the waves.
‘Perhaps some of you have heard the story of Mac Cuill, the son of the hazel, who was a thief and killer in the Kingdom of Ulaidh. His crimes were so heinous and he was so unrepentant of them that he was cast adrift on the sea from the coast of Ulaidh in an open boat. After drifting for some time, he was washed close to the shore on the island that is named for the god of the oceans, Mannanán Mac Lir. There were only two members of the Faith on the island at that time but they took him from the sea. He realised that Fate had saved him for a more useful life. He travelled the island with them, preaching the Faith and founding an abbey now named after him, for he is known by the Latin from of his name — the Blessed Maccaldus.He ended his life as abbot and bishop on that island. Is that not a better contribution to life than having his dead, rotting body forgotten?’
She paused and Brehon Aillín took the opportunity to intervene in a mild tone. ‘I am sure that those gathered here do not need to be reminded of the basis of the Law of the Fénechus, Fidelma.’
She turned to him with a quick smile. ‘With due respect, I believe that you will find some who do need reminding. We believe that our native law has more in keeping with Christ’s teaching than those who support the Penitentials from Rome. However, I shall come to that later. I do need to outline the law a little more before I come to the main point. I would like to remind people of the Cáin Sóerraith, that is the law pertaining to all those who have a duty to the ruler of their clan.’
Colgú raised his head in surprise and glanced at Brehon Aillín before asking. ‘What has that to do with the matter in hand?’
‘This law, as some may know, states that a sóerchéile, a free clansman, has a duty to assist the lord of his clan. Whatever art or profession he follows, when his lord calls for help, he must obey on penalty of fines. If his lord wants him to help hunt down horse thieves or wolves, or protect the clan’s territories, the sóerchéile must obey and answer his call. He even has a duty to assist his lord in the prosecution of a blood feud. Is that not so, Saor?’
The assistant master builder jerked nervously and he licked his suddenly dry lips.
‘Do you recognise the law, Saor?’ she pressed.
‘I do,’ he answered after some hesitation.
‘And you thought you were obeying the law?’
Saor was looking confused.
‘Are you saying that it was Saor who killed Glassán?’ intervenedAbbot Iarnla nervously. ‘But he worked for Glassán. Technically, that made Glassán his lord.’
‘Not so,’ Fidelma replied before Brehon Aillín could rebuke the abbot’s intervention. ‘Glassán was not the lord of Saor’s clan. Saor was the sóerchéile, the clansman, called on to prosecute a blood feud. He did help his lord to kill Glassán as he was bound to do by his interpretation of the law. Therefore I have to say that Saor is exonerated from bearing the full blame for this crime of murder.’
Brehon Aillín made to intervene but Fidelma held up her hand. ‘Better if I came to the truth in my own way.’ The Brehon conceded and gestured for her to continue.
‘Glassán, as you know, was a master builder. What some of you may not have known was that he was master builder to the King of Laighin until ten years ago. Ten years ago he undertook to build a hall in stone for one of the King’s relatives in the south of the kingdom. However, he was a vain man who undertook many tasks at once. He did not fulfil his obligation and duty to the King to act as overseer on the building. Mistakes were made. The building collapsed, killing relatives of the King.’
‘Then why wasn’t he brought before the King of Laighin and his Brehon for this act?’ demanded Brehon Aillín.
‘He was,’ Fidelma replied calmly. ‘He argued that it was his assistant at the site who was to blame and not himself. This was technically true and the assistant had to pay the honour price of those who died to the families of the victims. But because Glassán tried to shift the blame for his own responsibility, the King and his Brehon dismissed him from the King’s service and ordered him to pay the court fines. Glassán went into exile in the kingdom of Connachta where he settled down among the Uí Briuin Sinna. He began to build up a reputation again as a builder.’
‘The Uí Briuin Sinna?’ Abbot Iarnla intervened. ‘But that’s where-’
‘Where your steward, Brother Lugna, comes from, yes,’ Fidelma said. ‘Brother Lugna knew of Glassán and his work before he went to Rome. When Brother Lugna returned from Rome and was given permission to rebuild this abbey in stone, he naturally called for someone he knew — he brought Glassán here as his master builder.’
‘No crime in that,’ snapped the sullen steward.
‘Of course not,’ Fidelma agreed. ‘But in bringing Glassán here as your master builder it did open the path that was eventually to lead to his death.’
‘How so?’ demanded Brother Lugna.
‘We are not far from the borders with Laighin and eventually Glassán’s presence here was noted. Brother Echen, for example, is from Laighin.’